The Need for Advocate Protection Act in India

The legal profession plays a pivotal role in upholding the rule of law and ensuring justice in any society. Advocates or lawyers, as officers of the court, are entrusted with the duty of representing the interests of their clients and, in doing so, contributing to the functioning of a fair and just legal system. However, advocates often face various challenges, including threats, harassment, and violence in the course of their duties, like most of the professions in India. To safeguard the interests of the legal fraternity and uphold the principles of justice, there is a compelling need for an Advocate Protection Act in India. 

The Current Scenario

As of now, India lacks a comprehensive legal framework specifically designed to protect advocates. While the Advocates Act, of 1961, governs the legal profession in India and lays down certain rights and responsibilities of advocates, it does not provide adequate protection against threats and attacks. Advocates across the country face numerous challenges and dangers in the course of their work, such as physical assaults, verbal abuse, intimidation, and even murder.

Threats, harassment, and violence against advocates are serious issues that can hinder the administration of justice and erode the rule of law. Here are a few notable cases of such incidents in India, On 11 February 2010, Advocate Shahid Azmi was assassinated in Mumbai. He was known for defending individuals accused of terrorism, including 7/11 Mumbai local train blasts, the 2006 Malegaon bombing, the 2006 Aurangabad armed haul case, and 26/11 Mumbai terror attack cases and had received threats for his work. Though the Maharashtra Control of Organised Crime Act, 1999 and the Arms Act tried to provide justice got Shahid, the trial is still pending even after 13 years.  His murder shed light on the risks advocates take when handling sensitive cases. Advocate Prashant Bhushan, a prominent public interest lawyer and activist, has faced numerous threats and harassment for his work in exposing corruption and human rights violations. His outspoken views on various issues have made him a target of threats and attacks. In 2017, Advocate Imtiyaz Ahmad, who was known for representing victims of human rights violations in Jammu and Kashmir, was assaulted by unidentified assailants. The attack raised concerns about the safety of lawyers working in conflict zones. In 2016, a group of lawyers and others attacked advocates, including JNU student leader Kanhaiya Kumar's legal team, inside the Patiala House Court complex in New Delhi. The incident highlighted the need for security measures within court premises. Advocates in Jharkhand have reported harassment and threats when representing clients in cases related to land disputes, tribal rights, and environmental issues. This has prompted concerns about the safety of lawyers working in areas with vested interests.

These cases underscore the challenges and dangers faced by advocates in the course of their duties, particularly when handling sensitive, high-profile, or contentious matters. They also highlight the urgent need for comprehensive legal protection and security measures to ensure the safety and well-being of advocates jobs in India.

Need for Advocate Protection Act

Advocates are essential in upholding the rule of law and ensuring that justice is served. Protecting their safety and security is paramount to maintaining a functioning legal system. Advocates have the right to practice their profession without fear or intimidation. An Advocate Protection Act can codify and strengthen these rights. When advocates are threatened or harmed, it can hinder the effective representation of clients and, in turn, impede the administration of justice. An Advocate Protection Act can mitigate such hindrances. By protecting advocates, the legal profession's ethical standards can be upheld. Lawyers should be free to represent their clients zealously without fear of repercussions.

The Act should ensure physical and psychological safety for advocates. It should make threats, attacks, and harassment against advocates punishable offenses, with strict penalties. Establishing mechanisms for advocates to seek immediate assistance and protection in case of threats or attacks, including a dedicated helpline and rapid-response teams. Providing advocates with effective legal remedies in case of threats or attacks, including fast-track courts for cases involving harm to advocates. Extending witness protection measures to advocates who testify in sensitive cases, ensuring their safety and security. Conducting awareness programs and training sessions for advocates to recognize and mitigate risks, and for law enforcement agencies to sensitively handle cases involving advocates. Ensuring that those responsible for threats or attacks on advocates are held accountable, regardless of their position or influence. Advocates who expose corruption or misconduct within the legal system should be protected from retaliation. The Act should encourage collaboration between the government and bar councils to create a safer environment for advocates.

The Act would help advocates perform their duties effectively, ensuring that individuals have access to legal representation and a fair trial. It would bolster the morale and confidence of advocates, leading to a more robust and ethical legal profession. An Advocate Protection Act would demonstrate the government's commitment to protecting the legal community and fostering public trust in the justice system. Strict penalties for attacks on advocates can act as a deterrent, reducing the incidence of such incidents. India, as a democracy, would align itself with international standards in protecting the rights and safety of advocates.

Existing laws and bills on advocate protection

Advocates in India have rights under the Advocates Act, 1961, including; The right to practice, The right to freedom of speech and expression, The right to enter any court and observe the proceedings, The right against arrest, The right to meet with accused, The right to secure the privacy of the communication and The right to take the fee. Section 4 of the Advocates Act provides for police protection to advocates. This section entitles an advocate to demand police protection in case they complain regarding the commission of any offence under section 3 of the act. 

Likewise, the Advocates Protection Bill, 2021, includes provisions for Penalties for offences against advocates, including imprisonment for up to three years and/or a fine of up to Rs. 50,000, Time-bound investigation and trial of offences committed against advocates, Advocate safety, Financial aid for poor advocates and Compensation to advocates if someone tries to violate their rights. The bill defines an act of violence as any act that interrupts, affects, or is unfair to the working or living circumstances of an advocate. 

Similarly, the Karnataka advocates' protection bill calls for; Imprisonment from six months to three years for violence against advocates, A fine that may amount to Rs 1 lakh and Offences against lawyers will also be cognisable offences and will be tried by a judge, not below a Judicial Magistrate (First Class).  The Uttarakhand Bar Association (UBA) has also rooted for an Advocates' Protection Bill in the state. 

The Rajasthan Advocates Protection Bill, 2023, was introduced in the Rajasthan Legislative Assembly on March 15, 2023. Rajasthan was the first state in India to pass an advocate protection law. The Rajasthan Advocates Protection Act 2023 was passed by the state assembly on March 21, 2023. The bill protects advocates from threats, criminal force, assault, grievous hurt, and criminal intimidation, and protects their property and family. 

Conclusion

An Advocate Protection Act in India is not just a necessity but a moral imperative. Advocates play a vital role in upholding justice, and their safety and well-being should be a top priority. Such legislation would not only protect advocates but also strengthen the legal profession and the justice system as a whole. It is high time that India takes proactive steps to ensure the safety and security of its legal community, demonstrating its commitment to the rule of law and justice for all.